CODE OF ORDINANCES VILLAGE OF FOREST HILLS, NORTH CAROLINA

Transcription

1 CODE OF ORDINANCES VILLAGE OF FOREST HILLS, NORTH CAROLINA OFFICIALS of the VILLAGE OF FOREST HILLS, NORTH CAROLINA AT THE TIME OF THIS CODIFICATION Kolleen Begley, Mayor Clark Corwin, Mayor Pro Tem Carl Hooper Debbie Rowland Sharon Stovall Village Council _ Stephanie Gibson, Village Clerk ADOPTED APRIL 4, 2017 As Amended through December 4, 2018

2 TABLE OF CONTENTS PREFACE... 4 ADOPTING ORDINANCE... 5 PART I) - VILLAGE CHARTER AND RELATED LAWS... 8 PART II) - CODE OF ORDINANCES CHAPTER 1. GENERAL PROVISIONS Section 1.1. Designation and citation of Code Section 1.2. Definitions and rules of construction Section 1.3. ltering Code Section 1.4. Liability of corporate officers, agents and employees for violation of Code Section 1.5. General penalty for violation of Code; continuing violations, providing injunction relief Section 1.6. Severability of parts of Code PART III) - ORDINANCES CHAPTER 2. GENERALLY Section 2.1. Approval required Section 2.2. Numbering and filing Section 2.3. Enforcement CHAPTER 3. Amendments to Code Section 3.1. Effect Section 3.2. Limitation Section 3.3. Designation Section 3.4. Manner of inclusion in Code Section 3.5. Language Section 3.6. New material Section 3.7. Repeals CHAPTER 4. ANIMALS Section 4.1. Poultry, livestock, or other farm animals Section 4.2. Leash law (restraint of animals) Section 4.3. Pet waste Section 4.4. Pet noise Section 4.5. Violation Page 2

3 CHAPTER 5. FIREARMS Section 5.1. Firearm discharge Section 5.2. Firearm discharge exceptions CHAPTER 6. Festivals and Special Events Authorized by the Village Council Section 6.1. Authorization CHAPTER 7. Nuisances Section 7.1. Creation of public nuisances unlawful Section 7.2. Public nuisances defined Section 7.3. Notice and order to abate nuisance Section 7.4. Abatement of nuisance by Village Section 7.5. Charges for abatement by Village; lien Section 7.6. Litter control Section 7.7. Unsightly appearance and unsafe property CHAPTER 8. Noise Section 8.1. Loud, raucous and disturbing noise Section 8.2. Exemptions CHAPTER 9. REGULATING 15 MPH SPEED LIMITS ON VILLAGE ROADS Section 9.1. Authority Section 9.2. Purpose Section 9.3. Regulation CHAPTER 10. PENALTIES Section General Section Responsible party Section Notice of Violation Section Schedule of fines for civil penalties Page 3

4 PREFACE This Code constitutes a complete recodification of the general and permanent ordinances of the Village of Forest Hills, North Carolina. Source material used in the preparation of the Code was the Village of Forest Hills Zoning Ordinance of 2004, as amended through December The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. Chapter and Section Numbering System The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. Page Numbering System The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes. Page 4

5 ADOPTING ORDINANCE December 4, 2018 An Ordinance Adopting and Enacting a New Code for the Village of Forest Hills, North Carolina; Providing for the Repeal of Certain Ordinances Not Included Therein; Providing a Penalty for the Violation Thereof; Providing for the Manner of Amending Such Code; and Providing When Such Code and This Ordinance Shall Become Effective. Be it Ordained by the Mayor and Council of the Village of Forest Hills, North Carolina: Section 1. The Code entitled Code of Ordinances, Village of Forest Hills, North Carolina,, consisting of chapters 1 through 10, each inclusive, is adopted. Section 2. All ordinances of a general and permanent nature enacted on or before December 4, 2018, and not included in the Code or recognized and continued in force by reference therein are repealed. Section 3. The repeal provided for in Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance. Section 4. The adoption of this Code and the repeal of certain ordinances referenced in Section 2 hereof shall not repeal or affect any of the following ordinances: Any appropriation ordinance or ordinance promising or guaranteeing the payment of money for the Village or authorizing the issuance of any bonds of the Village. 1) Any ordinance levying or imposing taxes. 2) Any ordinance making any assessment. 3) Any ordinance relative to salaries, compensation or bonds of Village employees or officials or members of Village boards, commissions or committees. 4) Any ordinance establishing, extending or contracting the Village limits. 5) Any right or franchise granted by the Village. 6) Any subdivision ordinance or ordinance dedicating or accepting a subdivision plat. 7) Any zoning ordinance or ordinance making a zoning map amendment. 8) Any temporary ordinance. 9) Any contract or obligation assumed by the Village. 10) Any ordinance dedicating, naming, establishing, locating, relocating, opening, widening, paving, etc., any street or public way in the Village. Page 5

6 11) Any ordinance designating one-way streets, stop intersections, etc., or any other ordinance regulating traffic on specific streets or portions thereof or in specific areas of the Village. 12) Any offense or act committed or done or any fine or forfeiture incurred or any right or contract established or accruing before the effective date of this Code. Section 5. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine of not more than $50.00 or imprisonment for not more than 30 days or by both such fine and imprisonment. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the village may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits. Section 6. Additions or amendments to the Code when passed in the form as to indicate the intention of the Village Council to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments. Section 7. Ordinances adopted after December 4, 2018, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code. Section 7. This ordinance shall become effective December 4, Passed and adopted by the Village Council this 4th day of December _ Kolleen Begley, Mayor, Village of Forest Hills ATTEST: _ Stephanie Gibson, Clerk, Village of Forest Hills Page 6

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8 PART I) - VILLAGE CHARTER AND RELATED LAWS GENERAL ASSEMBLY OF NORTH CAROLINA 1997 SESSION S.L HOUSE BILL 750 AN ACT TO INCORPORATE THE VILLAGE OF FOREST HILLS, SUBJECT TO A REFERENDUM. The General Assembly of North Carolina enacts: Section 1. A Charter for the Village of Forest Hills is enacted to read: CHARTER OF THE VILLAGE OF FOREST HILLS. CHAPTER I. INCORPORATION AND CORPORATE POWERS. Section 1.1. Incorporation and Corporate Powers. The inhabitants of the Village of Forest Hills are a body corporate and politic under the name Village of Forest Hills. Under that name they have all the powers, duties, rights, privileges, and immunities conferred and imposed on cities by the general law of North Carolina. CHAPTER II. CORPORATE BOUNDARIES. Section 2.1. Village Boundaries. Until modified in accordance with law, the boundaries of the Village of Forest Hills are as follows: BEGINNING at the point of intersection of the projection of a Northwest direction of a line extending along the Northeastern boundary of Lot 1. of the Forest Hills Subdivision shown on Jackson County NC tax map 7559(17) with a Northeast projection of a line extending along the North side of State Road 1330 (Dillard Farm Road), - Thence Southeast to the easternmost corner of Lot 2, Forest Hills Subdivision, - Thence turning and running in a south and southeasterly direction to the southeasternmost corner of Lot 14, Forest Hills Subdivision identified as tax parcel , - Thence turning and running in a west and southwest direction with the southeast boundaries of Lots 9, 10, 11, 12, 13, and 14 of the Forest Hills Subdivision identified as Jackson County tax parcels , , , , and to the Southwesternmost corner of Lot 9, Forest Hills Subdivision, identified as Jackson County tax parcel , - Thence turning and running generally south with the east boundary of Lots 11, 12, 13, 14, 15, and 16 of the Forest Hills Subdivision identified on Jackson County tax map 7558(05) as Page 8

9 parcels , , , , , and to the southernmost corner of Lot 16, Forest Hills Subdivision identified on Jackson County tax map 7558(05) as parcel , - Thence turning and running west and southwest with the southeast boundaries of Lots 16, 18, 20, and 23 of the Forest Hills Subdivision identified on the Jackson County tax map 7558(05) as parcels , , , and to the Southwesternmost corner of Lot 23 of the Forest Hills Subdivision identified on the Jackson County tax map 7558(05) as parcel Thence turning and running southeast with the Northeast boundary of Lot 26 and 27 of the Forest Hills Subdivision identified on Jackson County tax map 7558(05) as parcel and with the Northeast boundary of Lot 20 and Lot 22 of the Oak Forest Subdivision identified on Jackson County tax map 7558(01) as parcels and to the southeasternmost corner of Lot 22 of the Oak Forest Subdivision identified on Jackson County tax map 7558(01) as parcel , - Thence turning and running generally southwest with the southeast boundaries of Lot 22 to the Southwesternmost corner of Lot 22 of the Oak Forest Subdivision identified on Jackson County tax map 7558(01) as parcel , - Thence turning and running southeast with the northeast boundary of Lot 15 Oak Forest Subdivision to the easternmost corner of Lot 15, Oak Forest Subdivision identified on Jackson County tax map 7558(01) as parcel , - Thence turning and running generally south along the eastern boundary of Lot 15, Oak Forest Subdivision identified on Jackson County tax map 7558(01) as parcel , - Thence turning and running generally west with the south boundary of Lot 15, Oak Forest Subdivision as identified on Jackson County tax map as parcel , - Thence turning and running generally southwest to the southernmost corner of Lot 14, Oak Forest Subdivision identified on Jackson County tax map 7558(01) as parcel , - Thence turning and running generally northwest to the northwesternmost corner of Lot 14, Oak Forest Subdivision identified on Jackson County tax map 7558(01) as parcel , - Thence turning and running generally southwest with the southeast boundaries of Lots 31, and 32, Forest Hills Subdivision and Lot 20 Forest Hills Estates Subdivision as identified on Jackson County tax map 7558(05) as parcels , , and to the southeasternmost corner of Lot 20, Forest Hills Estates Subdivision as identified on Jackson County tax map 7558(05) as parcel , - Thence turning and running generally west with the southern boundary of Lot 20, Forest Hills Estates Subdivision identified on Jackson County tax map 7558(05) and with the southern boundaries of Lots 16, 11, and 9, Forest Hills Estates Subdivision as identified on Jackson County tax map 7548(02) as parcels , , and Page 9

10 to the southwesternmost corner of Lot 9, Forest Hills Subdivision as identified on Jackson County tax map 7548(02) as parcel , - Thence turning and running generally north with the west boundaries of Lots 9, 7, 5, and 4 of the Forest Hills Estates Subdivision identified on Jackson County tax map 7548(02) as parcels , , , and to the northwesternmost corner of Lot 4, Forest Hills Estates Subdivision identified on Jackson County tax map as parcel , - Thence turning and running generally west with the southern boundaries of the parcels identified on Jackson County tax map 7548(02) as parcel numbers , , to the southeasternmost corner of parcel on Jackson County tax map 7548(02), - Thence turning and running south and southwest with the east and southeast boundaries of parcel number and on Jackson County tax map 7548(02) to the southernmost corner of parcel on Jackson County tax map 7548(02), - Thence turning and running generally west with the southern boundaries of parcels and on Jackson County tax map 7548(02) to the southwesternmost corner of parcel on Jackson County tax map 7548(02), - Thence turning and running generally south with the eastern boundary of Lot 41 Dillard Subdivision identified on Jackson County tax map 7548(02) as parcel number to the southernmost corner of Lot 41 Dillard Subdivision identified on Jackson County tax map 7548(02) as parcel , - Thence turning and running generally west with the southern boundaries of Lot 44, 45, 46, and 48 Dillard Subdivision as identified on Jackson County tax map 7548(02) as parcels , , , and to the southwesternmost corner of Lot 48 Dillard Subdivision identified on Jackson County tax map as parcel , - Thence turning and running generally north with the western boundaries of Lot 48 Forest Hills, and Lot 57 Dillard Subdivision identified on Jackson County tax map 7548(02) as parcel , , and to the northwesternmost corner of Lot 57 Dillard Subdivision identified on Jackson County tax map 7548(02) as parcel , - Thence turning and running generally northeast with the northern boundaries of Lots 57, 58, 60, 62, Dillard Subdivision Lot 344 and 342 Forest Hills Subdivision and Lot 64 Dillard Subdivision identified on Jackson County tax map as parcels , , , , and to the northeasternmost corner of Lot 64, Dillard Subdivision identified on Jackson County tax map 7548(02) as parcel , - Thence turning and running north with the western boundaries of Lot 67 Dillard Subdivision identified on Jackson County tax map 7548(02) as parcel to the northwesternmost corner of Lot 67 Dillard Subdivision identified on Jackson County tax map 7548(02) as parcel , Page 10

11 - Thence turning and running generally northeast with the northern boundary of Lot 67 Dillard subdivision identified on Jackson County tax map 7548(02)as parcel to the northeasternmost corner of Lot 67 Dillard identified on Jackson County tax map 7548(02) as parcel , - Thence turning and running generally southeast with the eastern boundary of Lot 67 Dillard Subdivision identified on Jackson County tax map 7548(02) as parcel , - Thence turning and running generally northeast along the northern boundary of Lot 70 Dillard Subdivision identified on Jackson County tax map 7548(02) as parcel to the northeasternmost corner of Lot 70 Dillard Subdivision identified on Jackson County tax map 7548(02) as parcel , - Thence turning and running generally southeast with the eastern boundary of Lot 70 Dillard Subdivision identified on Jackson County tax map 7548(02) as parcel , - Thence turning and running generally northeast with the boundaries of Lots 316, 306, 304, and 302 Forest Hills Subdivision identified on Jackson County tax map 7548(02) as parcels and two unnumbered parcels, - Thence turning and running generally north with the western boundary of Lot 79 Dillard Subdivision identified on Jackson County tax map 7549(02) as parcel to the northeasternmost corner of Lot 79 Dillard Subdivision identified on Jackson County tax map 7549(02) as parcel , - Thence turning and running generally southeast with the eastern boundary of Lot 79 Dillard Subdivision identified on Jackson County tax map 7549(02) as parcel to the northeasternmost corner of Lot 79 Dillard Subdivision identified on Jackson County tax map 7549(02) as parcel , - Thence turning and running generally northeast for approximately 400 feet with the northern boundary of an unidentified parcel shown on Jackson County tax map 7548(02) to the northwesternmost corner of Lot 84 Dillard Subdivision identified on Jackson County tax map 7548(02) as parcel , - Thence turning and running generally southeast with the northeast boundary of Lot 84, Dillard Subdivision identified on Jackson County tax map 7548(02) as parcel to the northeasternmost corner of Lot 84, Dillard Subdivision identified on Jackson County tax map 7548(02) as parcel , - Thence turning and running generally northeast with the northwest boundary of parcel on Jackson County tax map 7548(02) to the northernmost corner of parcel identified on Jackson County tax map 7548(02), - Thence turning and running generally southeast with the northeast boundary of parcel identified on Jackson County tax map 7548(02) to the intersection of the northern edge of State Road 1330, Dillard Farm Road, as shown on Jackson County tax map 7548(02), Page 11

12 - Thence turning and running generally east with the north side of State Road 1330, Dillard Farm Road, for approximately 210 ft to the southwesternmost corner of parcel identified on Jackson County tax map 7558(05), - Thence turning and running north with the western boundary of parcel as identified on Jackson County tax map 7558(02) to the northwesternmost corner of parcel as identified on Jackson County tax map 7558(02), - Thence turning and running northeast with the northern boundaries of parcels and identified on Jackson County tax map 7558(05) to the northeasternmost corner of parcel identified on Jackson County tax map 7558(05), - Thence turning and running generally southeast with the northeast boundary of parcel identified on Jackson County tax map 7558(05) to the southeasternmost corner of parcel identified on Jackson County tax map 7558(05), - Thence turning and running generally north and northwest with the western boundary of parcel identified on Jackson County tax map 7559(17) to the northwesternmost corner of parcel identified on Jackson County tax map 7559(17), - Thence turning and running generally northeast with the northwest boundary of parcel identified on Jackson County tax map 7559(17) to the northeasternmost corner of parcel identified on Jackson County tax map 7559(17), - Thence turning and running generally southeast with the northeast boundary of parcel identified on Jackson County tax map 7559(17) to the intersection with the north side of State Road 1330, Dillard Farm Road, - Thence turning and running generally northeast for approximately 1050 feet with the north side of State Road 1330, Dillard Farm Road, identified on Jackson County tax map 7559(17) to the point of BEGINNING. All references to tax maps refer to Jackson County Tax Maps as of March 3, CHAPTER III. GOVERNING BODY. Section 3.1. Structure of Governing Body; Number of Members. The governing body of the Village of Forest Hills is the Village Council, which has four members and the Mayor. Section 3.2. Manner of Electing Village Council. The qualified voters of the entire Village of Forest Hills shall elect the members of the Village Council. Section 3.3. Term of Office for Village Council Members. Members of the Village Council are elected to four-year terms, except for the initial election in 1997 or In 1997 or 1998, two members of the Village Council shall be elected to four-year terms, and two members of the Village Council shall be Page 12

13 elected to two-year terms. Thereafter, each member of the Village Council shall be elected for four-year terms. Section 3.4. Selection of Mayor; Term of Office. The Mayor is elected to a two-year term. The qualified voters of the entire Village of Forest Hills shall elect a Mayor. A Mayor shall be elected in 1997 or 1998 and biennially thereafter for a two-year term. CHAPTER IV. ELECTIONS. Section 4.1. Conduct of Village Elections. Village officers shall be elected on a nonpartisan basis, and the results determined by the plurality method. CHAPTER V. ADMINISTRATION. Section 5.1. Mayor-Council Plan. The Village of Forest Hills operates under the Mayor-Council Plan as provided by Part 3 of Article 7 of Chapter 160B of the General Statutes. The Mayor shall vote only in those cases necessary to break a tie. Section 5.2. Interim Mayor and Village Council. Until members of the Village Council are elected in 1997 in accordance with the Village Charter and the law of North Carolina, Irene M. Hooper shall serve as interim Mayor; and Jean Adams, Lawrence G. Kolenbrander, James W. Pearce, and Harold J. Williford shall serve as interim members of the Village Council, with all powers and authority as if they had been duly elected. Section 2. On or before November 4, 1997, the Jackson County Board of Elections shall conduct a special election for the purpose of submission to the qualified voters of the area described in Section 2.1 of the Charter of the Village of Forest Hills, the question of whether or not such area shall be incorporated as the Village of Forest Hills. Section 3. In the election, the question on the ballot shall be: the Village of Forest Hills. [ ] FOR [ ] AGAINST Incorporation of Section 4. In the election, if a majority of the votes are cast For the incorporation of the Village of Forest Hills, this Charter becomes effective on the date that the Jackson County Board of Elections certifies the results of the election. Otherwise, Sections 1 through 3 of this act shall have no force and effect. Section 5. If a majority of the voters approve an incorporation of the Village of Forest Hills, the election of the Village Council and Mayor shall take place at an election held on a date set by the Jackson County Page 13

14 Board of Elections, but no later than July 1, Initial terms shall expire at the time provided by general law as if the election had taken place at the general election on the Tuesday after the first Monday in November Section 6. This act is effective when it becomes law. In the General Assembly read three times and ratified this the 30th day of July, s/ Dennis A. Wicker, President of the Senate s/ Harold J. Brubaker, Speaker of the House of Representatives Page 14

15 PART II) - CODE OF ORDINANCES CHAPTER 1. GENERAL PROVISIONS Section 1.1. Designation and citation of Code. The provisions in the following chapters and sections shall constitute and be designated as the Code of Ordinances, Village of Forest Hills, North Carolina, and may be so cited. State Law reference General ordinance-making power, G.S. 160A-174; code of ordinances, G.S. 160A-77; ordinance book, G.S. 160A-78; pleading and proving city ordinances, G.S. 160A-79. Section 1.2. Definitions and rules of construction. In the construction of this Code and of all ordinances, the following definitions and rules of construction shall be observed, unless inconsistent with the manifest intent of the Village Council or the context clearly requires otherwise: Charter. The term Charter shall mean and refer to the Charter of the Village of Forest Hills as printed in of this volume. Village. The words the village or this village shall mean the Village of Forest Hills in the County of Jackson and the State of North Carolina. Village council or council. The words village council or council shall mean and refer to the village council of the Village of Forest Hills, North Carolina. Village limits. The words village limits or corporate limits shall mean the legal boundary of the Village of Forest Hills, North Carolina. Code, this Code. The terms Code or this Code shall mean the Code of Ordinances, Village of Forest Hills, North Carolina, as designated in Chapter II, Section 1.1. Computation of time. In computing any period of time prescribed or allowed by this Code, including rules respecting publication of notices, the day of the act, event, default or publication after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included unless it is a Saturday, Sunday or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday or a legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and holidays shall be excluded in the computation. County. The words the county or this county shall mean the County of Jackson of North Carolina. Delegation of authority. Whenever a provision of this Code requires or authorizes an officer or employee of the Village to do some act or perform some duty, it shall be construed to authorize the officer or employee to designate, delegate and authorize subordinates to perform the act or duty unless the terms of the provision shall specifically designate or provide otherwise. Page 15

16 Gender. Words importing the masculine gender shall include the feminine and neuter. Health Department and Health officer. The words health department shall mean the department of health of Jackson County, North Carolina, and the term health officer shall mean the director of the department of health of Jackson County. Month. The word month shall mean a calendar month. Nontechnical and technical words. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. Number. Words used in the singular include the plural, and the plural includes the singular. Oath. The word oath shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases, the words affirm and affirmed shall be equivalent to the words swear and sworn. Officials, boards, commissions, etc. Whenever reference is made to officials, boards, commissions, committees and the like, by title only, they shall be construed as if followed by the words of the Village of Forest Hills, North Carolina. Or, and. Or may be read and, and and may be read or, if the sense requires it. Owner. The word owner, when applied to buildings or land, shall include any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or part of such building or land. Person. The word person shall include a corporation, firm, partnership, association, organization and any other group acting as a unit, as well as an individual. Personal property. The words personal property shall include every species of property, except real property. Preceding, following. The words preceding and following mean next before and next after, respectively. Property. The word property shall include real and personal property. Real property. The words real property shall include lands, tenements and hereditaments. Shall, may. The term shall is mandatory; the term may is permissive. Sidewalk. The word sidewalk shall mean any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians. Signature or subscription. The words signature or subscription shall include a mark when a person cannot write. State. The words the state or this state shall mean the State of North Carolina. Page 16

17 Statutes references. Whenever reference is made, for example to G.S. 160A-175, it shall be construed to refer to General Statutes of North Carolina, section 160A-175, as amended, or to whatever section is cited. Street. The word street shall mean and include any public way, road, highway, street, avenue, boulevard, parkway, alley, lane, path, viaduct, bridge or other public place and the approaches thereto within the village when any part thereof is open to the use of the public and established for purposes of vehicular traffic. Tenant, occupant. The word tenant or occupant applied to a building or land shall include any person who occupies the whole or part of such building or land, whether alone or with others. Tense. Words used in the past or present tense include the future as well as the past and the present. Writing or written. The word writing or written shall include printing and any other mode of representing words and letters. Year. The word year shall mean a calendar year. Section 1.3. Altering Code. It shall be unlawful for any person to change or amend, by additions or deletions, any part or portion of this Code or to insert or delete pages, or any portions thereof, or to alter or tamper with such Code in any manner whatsoever except pursuant to ordinance or resolution or other official act of the Village Council which will cause the law of the Village to be misrepresented thereby. Section 1.4. Liability of corporate officers, agents and employees for violation of Code. In the event of a violation of any provision of this Code or other ordinance of the Village by a corporation, the officer, agent or employee thereof who performs the act constituting the violation or procures, aids or abets the performance of such act shall be subject to the same penalties as if he himself had committed such violation. Section 1.5. General penalty for violation of Code; continuing violations, providing injunction relief. Whenever in this Code or in any ordinance of the Village any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor or whenever in such Code or ordinance the doing of any act is required or the failure to do such act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this Code or other ordinance shall be punished by a fine not exceeding $ or by imprisonment for a term not exceeding 30 days. Pursuant to Sec. of this ordinance, this Code may be enforced by civil penalties and/or by appropriate equitable remedies issuing from a court of competent jurisdiction. Page 17

18 State Law reference Violation of city or town ordinances declared a misdemeanor punishable by fine not exceeding $ or imprisonment not exceeding 30 days, G.S. 14-4; enforcement of ordinances, G.S. 160A-175. Section 1.6. Severability of parts of Code. It is hereby declared to be the intention of the Village Council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code, since the same would have been enacted by the village council without the incorporation in this Code of any such unconstitutional phrase, clause, sentence, paragraph or section. PART III) - ORDINANCES CHAPTER 2. GENERALLY Section 2.1. Approval required. Every new ordinance, and every ordinance amending or repealing any provision of this Code of Ordinances or previous ordinance of the Village, shall be approved as to form by the Village attorney before enactment. Section 2.2. Numbering and filing. Every ordinance passed by the Village Council shall be immediately filed in a book provided for that purpose by the Village Council, which book shall be known as the original code of the Village. Each ordinance shall be placed under the proper chapter, article and section, according to context, and assigned a proper section number, if applicable. Section 2.3. Enforcement. Whenever in this Code or an ordinance no specific officer or official of the Village is designated as the enforcing agent for the particular chapter, article, division, section or ordinance then the ordinance administrator shall be deemed responsible for enforcement of the provision. Page 18

19 CHAPTER 3. Amendments to Code Section 3.1. Effect. Any and all additions and amendments to this Code of Ordinances, when passed in such form as to indicate the intention of the Village Council to make the same a part of such Code, shall be deemed to be incorporated in such Code so that reference to the Code of Ordinances, Village of Forest Hills, North Carolina, shall be understood and intended to include such additions and amendments. Section 3.2. Limitation. Not more than one chapter, article or section of this Code shall be amended, repealed or ordained by any one ordinance unless such articles, chapters or sections are consecutive, or unless such ordinance deals with a single subject. Furthermore, such articles, chapters, sections or subject shall be stated in the title of the ordinance. Notwithstanding the above, nothing in this section shall restrict or prohibit the Village from amending all or part of the Code in one single ordinance. Section 3.3. Designation. Every ordinance introduced, if it proposes to amend or repeal any existing portion of this Code, shall show by proper reference the chapter, article and section proposed to be amended; or if it proposes to add to the existing Code a new chapter, article or section, it shall indicate, with reference to the arrangement of this Code, the proper number of such chapter, article or section, in addition to such indication thereof as may be contained in the text of such proposed ordinances. Section 3.4. Manner of inclusion in Code. All ordinances passed subsequent to this Code of Ordinances which amend, repeal or in any way affect this Code of Ordinances, may be numbered in accordance with the numbering system of this Code and printed for inclusion therein, or in the case of repealed chapters, sections and subsections or any part thereof, by subsequent ordinances, such repealed portions may be excluded from the Code by omission from reprinted pages affected thereby. The subsequent ordinances, as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Code of Ordinances and subsequent ordinances numbered or omitted are readopted as a new Code of Ordinances by the Village Council. Page 19

20 Section 3.5. Language. Amendments to any of the provisions of this Code should be made by amending such provisions by specific reference to the section of this Code in substantially the following language: That section Code of Ordinances, Village of Forest Hills, North Carolina, is hereby amended to read as follows: (Set out new provisions in full). Section 3.6. New material. If a new section not heretofore existing in this Code is to be added, the following language may be used: That the Code of Ordinances, Village of Forest Hills, North Carolina, is hereby amended by adding a section (or article, chapter or other designation, as the case may be), to be numbered, which reads as follows: (Set out new provisions in full). In lieu of subsection (a) of this section, when the village council desires to enact an ordinance of a general and permanent nature embracing a subject not previously existing in this Code, which the council desires to incorporate into this Code, a provision in substantially the following language may be made a part of the ordinance: It is the intention of the village council and it is hereby ordained, that the provisions of this ordinance shall become and be made part of the Code of Ordinances, Village of Forest Hills, North Carolina, and the sections of this ordinance may be renumbered to accomplish such intention. Section 3.7. Repeals. All sections, articles, chapters or other provisions of this Code of Ordinances desired to be repealed should be specifically repealed by section number, article number, chapter or other number, as the case may be. CHAPTER 4. ANIMALS Section 4.1. Poultry, livestock, or other farm animals. It shall be unlawful for any person to keep hogs, cows, horses, goats, sheep or any other farm animals including fowl within the jurisdiction of the Village. Section 4.2. Leash law (restraint of animals). It shall be unlawful for any person owning, harboring, or having custody and control of a dog to permit the dog to be at large in the Village of Forest Hills at any time. Dogs must be controlled and under the Page 20

21 supervision of their owners, or some other person having custody and control of the dog, at all times by a leash, or the dog must be restrained (e.g., caged, chained, or contained within the bounds of an operating invisible electric fence ), on the owner s or custodian s property. Section 4.3. Pet waste. It shall be unlawful for any person owning, harboring, or having custody and control of a dog or other animal to permit or allow such a dog or other animal to leave feces on private property of someone other than the owner within the jurisdiction of the Village; but if such animal deposits feces the owner or the individual controlling/caring for the animal(s) shall remove and dispose of such feces in an appropriate manner. This paragraph (Section 4.3) does not apply to a guide dog accompanying a disabled person. Section 4.4. Pet noise. It shall be unlawful for any person to allow any domestic animal or bird under their control to make frequent, loud, or continued noises that annoy or disturb any persons in the Village, at any time, including between 11 PM and 7 AM. Section 4.5. Violation. If a violation of Section 4.4 above is not corrected within thirty (30) days after notification, then the Village will contract with a service to remedy the situation and the owner of the animal(s) shall be responsible for all costs incurred by the Village. If payment is not received within three (3) months following a demand for payment, the Village may pursue any and all remedies available under the law. State Law reference Regulation of domestic animals, 160A-186; Possession or harboring of dangerous animals, 160A-187. CHAPTER 5. FIREARMS. Section 5.1. Firearm discharge. It shall be unlawful to discharge firearms within the jurisdiction of the Village, except when permitted as an exception in Sec State Law reference Discharge of firearms, G.S. 160A-189. Page 21

22 Section 5.2. Firearm discharge exceptions. (a) Personal Defense. Discharge of firearms in defense of persons or property is permitted within the village jurisdiction. (b) Hunting. Discharge of firearms when hunting with a valid State of North Carolina Hunting License is permitted within the village jurisdiction. Hunting shall be permitted in recognized hunting seasons. Game may only be hunted with shotguns. For hunting purposes, the use of rifles, handguns, and solid slugs is prohibited. No hunting shall be permitted within 300 feet of any dwelling. (c) Target Practice. The discharge of firearms for target practice is permitted in an area that has been approved, in writing, as safe for target practice (e.g. shooting into a mound of soil) by a Jackson County law enforcement official and shall be permitted only on Saturdays from 12 PM until 4 PM. CHAPTER 6. Festivals and Special Events Authorized by the Village Council. Section 6.1. Authorization. It is unlawful to hold a festival or special event in the Village unless approval has been provided by the Village Council. The Village Council may authorize festivals or special events. These festivals or special events shall be time-limited and in its approval, the Village Council may temporarily depart from the provisions of this Ordinance. CHAPTER 7. Nuisances. Section 7.1. Creation of public nuisances unlawful. It shall be unlawful for the owner, lessee, or occupant of any property to create, maintain, permit or fail to abate a public nuisance or any condition that is prejudicial or dangerous to the public health or public safety. Every owner, lessee, or occupant of any property within the village shall keep such property clean and clear of all weeds, and any wild growth thereon, including grass over ten inches in height. Every owner, lessee or occupant shall also keep such property free and clear of all filth, open wells or containers, and all refuse materials of every kind and description. The obligations set forth in this section shall extend to the area between the property line of a lot and the curb-line or edge or the roadway. Page 22

23 Section 7.2. Public nuisances defined. (a) The existence of any of the following conditions on any vacant lot or other parcel of land within the village limits whether on public or private property is hereby declared to be dangerous and to the public health or safety and to constitute a public nuisance: 1.) The uncontrolled growth of weeds or grass to height of ten inches or more within 100 feet of any principal structure or public right-of-way; 2.) Any accumulation of animal or vegetable matter that is offensive by virtue of odors or vapors or which is inhabited by rats, mice, snakes or vermin of any kind, which is or may be dangerous or prejudicial to the public health; 3.) Any accumulation of trash, garbage or other waste not in compliance with the provisions of this chapter; 4.) Any accumulation of hazardous refuse or concentration of combustible items such as mattresses, carpet, boxes, paper, automobile tires, old clothes, or any other combustible materials or objects of like nature; 5.) The open storage of any item detrimental to the public health or safety including, but not limited to any furniture, appliance, ice box, stove, automobile tire, glass, building material or building rubbish; 6.) Any condition detrimental to the public health which violates the rules and regulations of the county health department; and 7.) The presence of any debris from the demolition of any structure on the property, including but not limited to partially demolished walls, foundations, basements, building materials and rubbish, after the cessation of all active demolition activity on the property. (b) When any of the following conditions exist on a public right-of-way between the property line and the curb or edge of the roadway and threatens, limits, impairs or creates a hazard to the use of the right-of-way by vehicles or pedestrians, such a condition is declared to be dangerous to the public health or safety and to constitute a severe nuisance: 1.) Any accumulation of animal or organic matter that is offensive by virtue of odors or which is inhabited by rats, mice, snakes, or vermin which may be dangerous to the public health; 2.) Any accumulation of trash, garbage or other waste not in compliance with the provisions of this chapter; Page 23

24 3.) Any accumulation of hazardous refuse or concentration of combustible items such as mattresses, carpet, boxes, paper, house-wares, tires, clothes, or furniture; 4.) Any accumulation of appliances, glass, building materials, demolition materials or rubbish. Section 7.3. Notice and order to abate nuisance. For purposes of this section, the respondent is the person in possession of the property where a public nuisance (as described in Section 7.2) is located, as well as the owner of such property, if different from the former. (a) Upon determination by the ordinance administrator that there exists on any property conditions constituting a public nuisance (as described in Section 7.2), the inspector shall notify the respondent by certified and first class mail of such conditions and shall order the abatement thereof within 30 days (unless noted otherwise in the Code of Ordinances) of the date of such notice. If after due diligence the respondent s correct address cannot be determined, then the required notice shall be hand delivered by a designated representative of the village or shall be posted conspicuously on the offending property. The notice shall order the abatement of the nuisance within 30 days (unless otherwise noted in this Code of Ordinances) of the delivery or posting of the notice. (b) Upon determination by the inspector that there exists on the public right-of-way conditions constituting a severe nuisance, the inspector shall notify the owner of the abutting property of such conditions and shall order the abatement thereof within 24 hours of such notice. This notice shall, if feasible, be given by telephone. Whether or not the owner is reached by telephone, notice shall be mailed by first class mail and to his last known address unless he or his agent receives this notice in writing. Section 7.4. Abatement of nuisance by Village. Upon the occurrence of any of the following conditions: (a) The respondent having been ordered to abate such public nuisance fails, neglects or refuses to abate or remove the condition constituting the nuisance within 30 days of such order; or (b) The property owner fails to abate conditions constituting a severe nuisance within ten days of notification of the owner of such conditions. Then the ordinance administrator shall cause such condition to be removed or otherwise remedied by an appropriate contractor hired by the Village. Page 24

25 Section 7.5. Charges for abatement by Village; lien. (a) The actual cost incurred by the Village in removing or otherwise remedying a public nuisance pursuant to Section 7.2 shall be charged to the owner of the offending property and shall be a lien upon the land or premises where the public nuisance existed and shall be collected as unpaid taxes, as provided in G.S. 160A-193. Section 7.6. Litter control. (a) All property shall be kept clean of litter. Litter is defined as a disorderly accumulation of objects, carelessly discarded which includes but is not limited to such items as cans, wrappers, cartons, and trash. It shall be unlawful for any person to throw any litter, paper, trash, garbage, or debris upon any street, alley, park, or other public or private property in the village. It is further unlawful to place, discard, dispose, or leave any litter, trash, refuse, or garbage upon a street or highway located within the Village or upon property owned or operated by the Village unless such trash, refuse, or garbage is placed in a designated location or container for removal by a specific garbage or trash service collector. (b) Owner responsibility. The owner and occupants of every premise shall be responsible and liable for actions which violate this Article. This shall in no way relieve tenants or guests from liability for any violations of this Section. (c) Applicability. This Section applies to all developed and undeveloped property whether owned, leased, or otherwise occupied. The occupant, lessor and lessee will be notified concurrently with the owner and are jointly and severally liable for any violation. (d) Exceptions. It is not a violation of this Ordinance if a person places leaves and/or brush on unimproved property or if the leaves and/or brush accumulates by natural processes. (e) Penalties for violation. In the event of a violation, the violator(s) shall be subject to the penalties set out in Section 10 of this ordinance. Owner shall be provided a citation by certified mail from the Ordinance Administrator and the owner shall have one (1) week after receiving the citation to remove the litter. If the litter is not removed, a second notice shall be issued and civil penalties shall be levied if the litter problem is not remedied within seven (7) days. Page 25